Um... well don't worry for DB because they can probably get out of jail. You have a choice, sleep it off in which I believe you lose skill points, but it might be attribute points I don't remember. It would be cruel to make you lose attribute points though, you can get skill points back, attribute point you have to wait and level.
Anyway, here are your options upon arrest, resist, pay fine or go to jail. pay fine will have some time expire as you have to go through some quicky court preceding and you just load up in town with less money and all your stolen items gone. Resist, and you can run away or fight and die. Even if you get good and kill one guard more will keep coming.
If you go to jail you have several options, either you can waste all your time tryinhg to pick an impossible lock pick, or you can try to charm a passing guard, and I believe there's a third option involving a prisoner, I don't remember all the details with that. You might even be able to pick pocket a guard which is good if you have high sneak but low security. I suppose if you have high hand to hand skill you can also kick his boat, the options are as wide as your ability to come up with them are. So, if you can't get out of jail at all you can sleep it off, and yes, lose some points... some where.
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A man once asked the Buddha, "How does one escape the heat of the summer sun?"
And the Buddha replied, "Why not try crawling into the blazing furnace?"
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